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(영문) 수원지방법원 2017.11.23 2017노3382
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the crime of obstructing the performance of official duties by a police officer in uniform requires strict punishment in order to establish the prosecutor’s grounds of appeal’s law and order and eradicate the light of the public authority, it is unfair that the lower court’s sentence sentencing KRW 3,00,000 is too uneasible.

2. In full view of the facts alleged in the grounds of appeal, such as the fact that the Defendant recognized the mistake, the fact that there was no record of punishment either for the same kind of crime or for a punishment exceeding a fine, the fact that the Defendant committed the instant crime by contingency under the influence of alcohol, and the degree of violence and the age, sex, environment, motive and circumstances of the crime, degree of damage, and all the conditions of sentencing specified in the records and pleadings, such as the circumstances alleged in the grounds of appeal, the lower court’s punishment is too uneasible and it is not deemed unfair, so the above assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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